Patna High CourtCR. MISC./57550/2017allowed

Md. Salim v. The State Of Bihar

2018-01-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57550 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -MAHILA P.S. District- KISANGANJ ======================================================

1. Md. Salim S/o Late Sarfuddin, R/o Village- Odra, Ward No.12, P.S.- Kishanganj, District- Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Kishanganj Mahila P.S. Case No. 31 of 2017, a case under Sections 366(A), 376, 504, 506 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner is of inducement to the daughter of informant, aged about 14 years, as well as having physical relation with her.

Submission of learned counsel for the petitioner is that the matter is of love affair. Both have already married, which is evident from the deed of Muslim Marriage Agreement at page-16 and the victim has also stated that the petitioner had forcibly

Patna High Court Cr.Misc. No.57550 of 2017 (3) dt.08-01-2018 2/2 marriage with her and, thereafter, was in physical relation. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kishanganj Mahila Police Station Case No. 31 of 2017 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) sushma/- U T